Category: privilege
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New AI Cases Add to Mediation Confidentiality “Can of Worms”
By Leslie King O’Neal Does Using Generative AI Tools Waive Attorney-Client or Work Product Privilege? Two recent cases came to different conclusions on whether a user’s generative AI interactions were protected by attorney-client or work product privilege and were subject to discovery. In U.S. v. Heppner[i] a New York district judge held a criminal defendant’s
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Court Strikes Expert Report Citing Confidential Information
By Leslie King O’Neal If experts review and cite confidential settlement documents in their reports, the court may strike the reports and limit the experts’ testimony. In U.S. v. EES Coke Battery, LLC,[i] two experts reviewed and cited confidential settlement communications in their reports. It was undisputed that the documents were created and shared
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IS MEDIATION CONFIDENTIAL? IT DEPENDS!
By Leslie King O’Neal Location, Location, Location–Confidentiality Depends on Where the Mediation Occurs Confidentiality is the bedrock of mediation. Parties will not communicate candidly with the mediator unless they know their statements will be confidential. However, there is no uniform mediation confidentiality law applicable in all 50 states, nor is there a uniform federal mediation
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No “Settlement Privilege” for Expert’s PowerPoint
By Leslie King O’Neal What Happens in Settlement Conferences May Not Stay There “Work Product Privilege” Waived; No “Settlement Privilege” Applicable The court rejected Warrington’s argument that “work product privilege” protected the non-testifying expert’s PowerPoint from discovery, finding he waived the privilege by revealing the PowerPoint to defendant during the settlement conference. The fact that
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